5 replies to this topic

[QualitySystems123]

Good day,

I am needing some assistance/clarity regarding subcontracted activities vs supplier of services.

We produce food contact packaging and I need to better understand how the activities below fall into either 3.9 or 3.10.

1. We have a 3rd party on site that is hired to perform our cleaning and maintaining our facilities. They are not allowed to touch any production equipment or are involved with the actual production of packaging material. Their focus is the premises and our employees maintain the production area.
2. We use a staffing agency for temporary staff, mainly for jobs that don't require a lot of skill or are not part of the process that create the package itself, but to fill in gaps until a permanent employee can be hired. 
3. I was just informed that we have hired a 3rd party contracting firm to begin taking over some of our maintenance functions, including some possibility of handling some portions of the packaging process, but all activities will remain on site.

Currently, 3.9 was not applicable to us since we didn't subcontract any process step or have any of our processes outsourced.

Based on the definition that BRC provides:

A firm, company or individual carrying out a process step on intermediate products on behalf of the site being certificated to the Standard

 

• Does #3 change the applicability of 3.9 to us? What functions would be an example from a maintenance perspective that would make them part of the process step?
• Many of the requirements in 3.9 are referencing outsourced or processes taken off site, but what if it is still on site like #3 situation?
• How can I better explain the difference between staffing agency being a subcontracted service (3.10) vs subcontracted process (3.9)?
  • I am constantly being challenged regarding subcontractors being no different then using a temporary agency or using Terminix to monitor our pest management.

Any assistance would be greatly appreciated!!

 

[pHruit]

Your scenario no. 1 is very definitely a service provider IMO.

Curiously there is nothing in the Glossary section of the standard, and this is one of the weird differences with the Food standard where the clause is almost identical between this and the Packaging standard, but not quite. In the case of the Food standard (Clause 3.5.3 in Issue 8, if you want to look it up for reference), this does specifically list "contracted cleaning" in the clause.

 

Similarly I'd consider that in scenario no. 2, the staffing agency from whom you source the temps is a service provider. My interpretation is based on section 7 ("Personell") of the interpretation guide for the Food standard (with my emphasis): Employment agencies are subcontracted service providers whose business is to assist companies in filling vacant positions.

 

Scenario 3 is perhaps more interesting. The glossary to both standards includes a definition of outsourced (subcontracted) processing: Where an intermediate production process or step in the manufacture of a product is completed at another company or site.

In this sentence, the use of "at another company or site...", rather than e.g. "by another company..." is perhaps critical, as in your case, it sounds like whatever ends up happening will be physically at your own company's site? In which case, based on this it most likely isn't outsourced processing.

I suspect that this would be viewed as your contractor being a service provider for both maintenance and, in the case that they're packing your product using your equipment and your safety systems, a provider of labour in a similar way to an employment agency.

Nonetheless if you want a bit more certainty, particularly given that the glossary itself isn't directly auditable, you could always check with your certification body just to verify that they have the same interpretation.

[Foodworker]

If a contractor carries out maintenance of site, buildings or equipment, they are a service supplier.

 

If an agency provides people who are then under your direct control, the agency is a service supplier.

 

If a third party, eg maintenance company, or staff agency carries out a product/raw material handling process under their own management on or off site, they are a sub-contractor.

 

All the above activities must be evaluated within your hazard analysis.

 

On top of that, if it is a sub-contractor carrying out a product/raw material handling process, they need to be included in your supplier approval procedure.

 

Also, you must have:

 

A clear specification for the work that thy are doing and the quality parameters for the product/raw material that they are handling and producing.

 

Proof of the traceability of the materials handled.

 

Strictly speaking, you should also notify customers of the certification status of the sub-contractor.

[Hoosiersmoker]

We are a packaging manufacturer also and I would never allow any outside contractor to handle any raw materials, WIP or finished product for any reason. We supply labor in case anything needs moved and / or clear the area they will be working before they arrive. Why would you consider allowing them to potentially contaminate your product? We can't allow any non-employee, non-trained person to perform any type of production or material handling in our building for safety reasons. They have to hold a license issued by our company to do that unless they bring it to install machinery that our equipment can't handle.

[Foodworker]

I agree I would not be happy about it.

 

However, it happens, and often in the bigger multinational organisations where central bean counters over-rule individual factory's management for perceived financial advantage.

 

This is probably why it is allowed for in the Standard.

[QualitySystems123]

We are a packaging manufacturer also and I would never allow any outside contractor to handle any raw materials, WIP or finished product for any reason. We supply labor in case anything needs moved and / or clear the area they will be working before they arrive. Why would you consider allowing them to potentially contaminate your product? We can't allow any non-employee, non-trained person to perform any type of production or material handling in our building for safety reasons. They have to hold a license issued by our company to do 

I don't disagree with you, there are many new hazards and risks that are presented with the use of subcontractors. Unfortunately, these type of decisions are not made at my level. Although it will be challenging and extra work, I know that there are tools I can use to ensure food safety.

Thank you for your feedback!